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You agree to abide by all membership rules and regulations of Flex Fitness, LLC. You agree to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, you will be responsible for all payments due and owing under this Agreement, even if you do not use any facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If your facility becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend your membership privileges for the period the facilities were unavailable. PAYMENT DEFAULT: Should you default, you agree to pay all costs of collection including agency fees, court or arbitration costs and reasonable attorney fees, which may be paid or incurred by Flex Fitness, LLC. You agree that Flex Fitness, LLC or their assigns or agents may send communications to you via e-mail, including late payment notifications, solicitations and other correspondences. If your membership becomes delinquent after a 90-day period, your membership payments may be accelerated to the total amount of the membership due under this agreement. ARBITRATION: All disputes except small claims under $1,000 will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county which Flex Fitness, LLC is located unless otherwise agreed. The decision of the arbitration will be final and binding on all parties and may be enforced by a judgement amended upon the arbitration award by any state or federal court in this state. MEMBERSHIP ASSUMPTION OF RISK AND RELEASE: Because physical exercise can be strenuous and subject to risk of serious injury, Flex Fitness, LLC urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that if you engage in any physical exercise or activity, or use any Flex Fitness, LLC amenity on the premises or off premises including any sponsored Flex Fitness, LLC events, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction, and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations and (d) your slipping and/or falling while in Flex Fitness, or on the premises, including adjacent sidewalks and parking areas. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge Flex Fitness, LLC and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against Flex Fitness, LLC for negligence, personal injury or property damage. NOTE: Should any part of this agreement be found by a court or law to be against public policy or in violation of any state statute or case precedence, then the remainder of this document will remain in full force. ELECTRONIC FUNDS TRANSFER AUTHORIZATION – You will be invoiced via PayPal. Please Pay Promptly. I understand that I will be sent a billing invoice each month. Invoices will arrive (3) days prior to due date. Invoices must be paid within (3) days of actual due date. Invoices NOT paid within before mentioned timeline, will have key cards deactivated. Flex Fitness no longer mandates contracts. All memberships are based on the payment plan selected. Example, if you pay by the month and you fail to pay your monthly fee, your card will be deactivated. If you pay by the semi-annual or annual plan, and you fail to pay the invoice at the time dictated in your membership, your card will be deactivated. Deactivation of a card constitutes a cancellation of membership. BY SIGNING OR ELECTRONICALLY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN IT’S ENTIRETY, AND I AGREE WITH ALL THE TERMS AND CONDITIONS, AND WILL ABIDE BY ALL OF FLEX FITNESS, LLC PROGRAM POLICIES AND PROCEDURES. ALL QUESTIONS REGARDING MY AGREEMENT AND AUTHORIZATION WITH FLEX FITNESS, LLC HAVE BEEN ANSWERED TO MY SATISFACTION.